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Social security means welfare benefits and allowances, tax credits,
state pensions and pension credit, and other payments like social
fund payments, discretionary housing payments, and child trust funds.
Although most social security payments are aimed at the most vulnerable,
social security law can be extremely complex.
We aim to provide clear advice and excellent representation in relation
to those social security problems where the services of a lawyer are
required.
We have experience of providing representation at all levels: in statutory
appeals to the First-Tier Tribunal (formerly the Social Security Appeals
Tribunal) and Upper Tribunal (formerly the Social Security Commissioners);
in judicial reviews before the Upper Tribunal and the High Court;
and, in appeals to the Court of Appeal, House of Lords, and the European
Court of Human Rights.
We have special expertise in dealing with the complex rules that govern
entitlement to benefits for those who have come to the UK from abroad.
and we deliver training. Since a number of new countries, mainly from
Eastern Europe, joined the European Union in 2004 and 2007, we have
become expert in advising claimants about their eligibility for social
security benefits in this area.
Our social security supervisor is Stephen
Pierce, who sits as a part-time Tribunal Judge hearing social
security cases and who has written extensively on social security
law.
In 2008 we recruited Sasha Rozansky,
formerly a welfare benefits specialist at the Mary Legal Ward Centre,
who now conducts most of our social security cases; although more
complex cases, including judicial reviews and cases in the Court of
Appeal, House of Lords and European Court of Human Rights are referred
to solicitors in our public law, discrimination and human rights team
as appropriate.
Frequently, we are instructed to take over social security appeals
when they reach the Court of Appeal. If you would like us to consider
doing this please speak to Stephen
Pierce in the first instance.
What kinds of decisions can we help to challenge?
Here are some examples:
- cases where social security payments are refused because of
the immigration status of the applicant or a member of their household;
- challenges to benefit rules which discriminate, for example
on the grounds of age, gender, nationality, or some other status;
- cases where human rights or EU law issues are raised;
- refusals of Disability Living Allowance where it is decided
that the qualifying conditions are not met;
- termination of Incapacity Benefit, Employment and Support
Allowance, or Income Support where it is decided that the claimant
is fit for work;
- decisions that benefit has been overpaid;
- decisions to refuse claims for backdating of benefits;
- disputes about eligibility for benefits for people from outside
the UK;
- refusals of applications for loans and grants;
- delays in payment or assessment, including cases where urgent
judicial review claims are necessary to secure interim payments.
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